Theoretical Ambiguity In The Definition Of Restorative Justice
B. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.” Zehr refined Marshall’s definition in the following way; “Restorative Justice is a process to involve, to the extent possible,
Pros And Cons Of Restorative Justice
893 Words | 4 PagesVictim –Offender mediation stems from the Restorative justice concept, a framework which views the victim, the community and the offender as those harmed by the offense. To repair this collective harm, restorative justice requires the active involvement of all affected parties to make the offender answerable and to restore the
Adelina Stoleing The Cellphone Effect
368 Words | 2 PagesIn order for this harm to be repaired there must be a restorative justice practice. The restorative justice would help offenders by repairing the harm to victims and the community. For example, offenders would take responsibility of their actions. What went well is that Adelina was able to apologize to Jackie for stealing her cell phone. We came in an agreement that Adeline would do sixty hours of community service.
Difference Between Social Justice And Restorative Justice
637 Words | 3 PagesRestorative justice in criminal justice Some of the early justice system involvement with restorative justice came in police stations, particularly where cautioning is used as a response to crime and juvenile offending. Restorative justice is increasingly visible in courtrooms around the world. Prosecutors, judges and defense attorneys make use of it. Probation officers are often involved in its implementation or monitoring. There are a number of restorative initiatives taking place in prisons.
The Limits Of Restorative Justice Analysis
1756 Words | 8 PagesArlene Gaudreault in her article “The Limits of Restorative Justice” discusses the problems with restorative justice especially as it relates to the victims in the process. Gaudreault says that the “aim of restorative justice is to give victims a bigger role,” but that the opposite usually happens. Gaudreault states that “victims are left on the sidelines in the very programs designed to give them a bigger role.” Victims get left out of the process or even sometimes may feel coerced into participating in the process. Also, according to Gaudreault there is not enough forethought put into the meetings.
Zehr's Definition Of Restorative Justice
904 Words | 4 PagesWhile we recognize the need for principles and benchmarks, we worry about the arrogance and finality of establishing a rigid meaning,” (Zehr 2015). With this in mind, Zehr offers a working definition of restorative justice. He says restorative justice is an approach to achieving justice that involves,
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Drunk Driving Argumentative Analysis
1124 Words | 5 PagesIt seeks fairness for both the victims and the culprits alike. The focal point in restorative justice is the need for individuals recognize an illegal activity. Such recognition and acknowledgment pave the way for a dialogue. Fairness involves coming up with a solution that addresses underlying issues. Fundamentally, fairness may touch on the fair compensation of the victim and his/her family, but also the recognition that monetary compensation can never equate to the damage and the lives
Restorative Justice: Healing To Victims
138 Words | 1 PagesOne of the most significant impacts of the restorative justice is that it provides healing to the victims. () Compare to the punitive justice, the restorative justice is a different approach to deal with crime as it emphasis on healing human emotions such as guilt, compass and forgiveness. I t places victims as the center of the problem. In our society, every member is interrelated. Restorative justice offers the process for those affected by criminal behaviour such as the victims, offenders and families to take part in resolving the issues.
Restorative Justice In Prison Essay
518 Words | 3 PagesInsight Prison Project The definition of restorative justice is a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. In other words, it is some sort of help and comfort for a person who knows their wrongdoing but understands that this isn 't the end of the road for them. As said by In Sight Prison At the center of the Restorative Justice philosophy is the understanding of the importance of engaging victims and prisoners in a healthy way so they can feel empowered and are supported to make meaning out of their experience. Restorative Justice attempts to draw on the strengths of both prisoners and victims, rather than dwelling on their deficits.
Constructive Speech Outline
303 Words | 2 PagesJustice within the context of today’s debate can be seen as solely retributive insofar as we are discussing the just response to wrongdoing and whether or not rehabilitation ought to be valued over this. My criterion for this today is the greatest good for the greatest amount of people which is Utilitarian within definition, it gives you a clear mechanism to weigh different paths as well as their consequences within the context of the same end state or goal, Justice. In addition, it is the most appropriate criterion for this debate
Criminal Justice Vs Restorative Justice
138 Words | 1 Pages2.Restorative justice moves from a philosophy of vengeance and retribution to one of healing, reconciliation, and forgiveness. In contrast to the traditional criminal justice that focuses on the punishment of the offender. Restorative justice focuses on victims, offenders, and the community throughout the whole process of restoring justice. As a result, restorative justice can be applied to community-based sanction or to prisoner re-entry. In addition, within the traditional criminal justice system, the state acts on behalf of victims to punish an offender, making them feel angry, unsupported, socially isolated, and distrustful of a system that was designed to protect them.
Theories Of Retributive Justice
1262 Words | 6 PagesCONCLUSION The path to attain real societal peace starts with changing our conceptions of interpersonal relationships. The concept of restorative justice is one such framework which provides a suitable starting point for treating all those affected by crime with respect, particularly in the case of serious crimes with special attention to the needs of victims. From the above discussion, it appears that the concept of restorative justice holds a significant potential for both victim and offender healing, facilitated through the emotional impact of genuine repentance and consequent opportunities for expressions of forgiveness. It not only encourages victims to grant forgiveness as a curative act but also helps them channel the positive consequences, so enabling the benefits to extend beyond the interpersonal to the community and societal level.
Justice In Criminal Justice
706 Words | 3 PagesThough there are core principles and guidelines, the way each case is handled is heavily based on context. The main objectives that drive restorative justice practices in sexual violence cases are “reparation, retribution, and rehabilitation of the community” (Wolthuis et al., 2015). Restorative justice seeks to find a way that “maximizes healing for all parties and minimizes the chance of the process inadvertently causing harm” (Restorative justice standards for sexual offending cases, 2013). Particularly in sexual violence cases, the primary focus in a restorative justice case is to lower the potential chances of harm. The principles are set in place to allow the victim to have a chance to hold the offender accountable while having the opportunity to voice one's story.
Aristotle's Theory Of Justice Considered To Be Unjust
877 Words | 4 PagesJustice essay Justice is the idea that the criminal justice system should aspire to achieve equality and fairness for all citizens however whilst some may equate justice to the criminal justice system this is not always the case as more than often the justice system does not always deliver justice. However there are different theories that try to explain justice. This essay will seek to identify and apply theories of justice to areas in which the law is considered is considered to be unjust. One of which being the idea of distributive and corrective justice which comes from Aristotle.
Corrective Justice Case Study
801 Words | 4 PagesELIMINATING CORRECTIVE JUSTICE The Supreme Court quoting Weinrib’s concept of corrective justice, dismisses the plea against a number of pharmaceutical manufacturers by Alex .The medical side effects suffered by him due to negligent marketing of the drug CUD could not be attributed to any one pharmaceutical and thus no one could be held liable for the injury. Corrective justice deals with the maintenance and restoration of equality between two parties entering in a transaction. Corrective justice firstly, functions without regard to social rank or moral character; secondly, it regards the transacting parties as equals; and lastly, it focuses on the immediate relationship of doer to sufferer.
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